Vargas v. BP Corporation of North America Inc et al

Filing 14

ORDER to File an Amended Complaint re 11 Stipulation filed by Andrew Vargas. Signed by Judge Charles R. Breyer on 11/23/09. (be, COURT STAFF) (Filed on 11/24/2009)

1 Cassie Springer-Sullivan, State Bar No. 221506 Email: [e-mail] 2 Michelle L. Roberts, State Bar No. 239092 Email: [e-mail] 3 SPRINGER-SULLIVAN & ROBERTS LLP 410 - 12th Street, Suite 325 4 Oakland, CA 94607 Tel: [phone] Fax: [phone] Attorneys for Plaintiff 7 8 9 10 11 ANDREW VARGAS, 12 13 14 15 16 17 18 ) ) Plaintiff, ) vs. ) ) ) BP CORPORATION OF NORTH AMERICA, ) INC. LONG TERM DISABILITY PLAN; ) CIGNA GROUP INSURANCE, ) ) Defendants. ) ) ) Case No. 09-03972 (CRB) JOINT STIPULATION AND PROPOSED ORDER TO PERMIT PLAINTIFF TO FILE AN AMENDED COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

WHEREAS on August 27, 2009, Plaintiff filed his complaint in this Court alleging a

19 claim for disability benefits pursuant to ERISA § 502(a)(1)(B); and 20 WHEREAS by letter dated October 19, 2009, Defendant CIGNA determined that

21 Plaintiff was entitled to disability benefits, retroactive to May 14, 2007; and 22 WHEREAS Defendant CIGNA further determined that as of August 2009 it was entitled

23 to offset Mr. Vargas's disability benefit by pension benefits, reducing his net monthly disability 24 benefit to $100; and 25 26 27 WHEREAS Plaintiff does not agree that an offset for pension benefits is appropriate; and WHEREAS Defendants filed an Answer to the Complaint on November 11, 2009; NOW, THEREFORE, the parties, by and through their attorneys of record, hereby

28 stipulate and respectfully request that the Court permit Plaintiff to file a First Amended ST IP U LA T IO N TO PERMIT PLAINTIFF TO FILE AN AMENDED COMPLAINT Case No. 09-03972 (CRB) Page 1

1 Complaint in light of the facts that developed subsequent to the filing of the Complaint 2 3 Dated: November 20, 2009 4 5 By: 6 7 8 Dated: November 20, 2009 9 10 By: 11 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. N ____ be_ 23, 2009 Date:___ovem__r ________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ST IP U LA T IO N TO PERMIT PLAINTIFF TO FILE AN AMENDED COMPLAINT Case No. 09-03972 (CRB) Page 2
J arles R udge Ch

Respectfully submitted, SPRINGER-SULLIVAN & ROBERTS LLP _____/s/__________________________ Cassie Springer-Sullivan Attorneys for Plaintiff

WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP _____/s/__________________________ Shilpa Doshi Attorneys for Defendants

UNIT ED

__________________________________________ The Honorable Charles R. Breyer United States District Court Judge ERED ORD
. Breyer

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